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New York

Contractor pays $2.8 million for prevailing wage violations

01/29/2019
Federal contractor Fedcap Rehabili­tation Services has agreed to pay more than $2.8 million to 443 em­­ployees at 17 locations to settle charges the company violated a law requiring contractors to pay a prevailing wage.

Prepare to explain unusual compensation formulas

01/29/2019
There may be many reasons why one employee is paid differently than another. Be prepared to explain such discrepancies.

Centralized pay & promotion guidance is fine, but leave individual decisions to managers

01/29/2019
You may still face isolated lawsuits alleging discriminatory pay practices by a specific supervisor. However, that’s preferable to a potential class-action lawsuit on behalf of thousands of similarly situated employees across the company.

Suit alleges mandatory off-the-clock work

01/29/2019
A federal court has authorized a class-action lawsuit alleging that workers were required to show up early to perform unpaid work.

Document belligerence during hiring process

01/29/2019
If you ever encounter an applicant so difficult that you suspect she might become a disruptive employee, document why you are concerned. If she later sues, you will be able to describe exactly what happened.

ADA: No need to create new job as accommodation

01/24/2019
When workers need time to heal from workplace injuries, many employers accommodate temporary restrictions by assigning them to light-duty tasks until they’re ready to resume their old jobs. But if the restrictions become permanent, the employer doesn’t have to create a permanent light-duty job.

Telecommuting trouble lurks across state lines

01/24/2019
Do you allow employees to regularly work from home? Be careful if one of them lives in another state. You could be subject to that state’s jurisdiction and employment laws.

Prepare to show you impose discipline equally

01/22/2019
Would you be able to persuade a judge that every employee you have recently disciplined was treated the same as every other employee you have previously punished for the same infraction? It’s essential.

Document why you had to discipline difficult employees

01/08/2019
Some employees are competent but disruptive. At some point, you must decide: Is she worth keeping or is it time to terminate her? When making that decision, be sure to carefully document the disruptive behavior and which workplace rules she’s violating.

New DOL opinion letters address wage-and-hour issues

12/18/2018
The DOL issued four opinion letters in early November in response to employer requests. All the letters dealt in some way with how to comply with the FLSA.